Activities of Elena GENTILE related to 2016/0404(COD)
Plenary speeches (1)
Proportionality test before adoption of new regulation of professions (debate) IT
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on a proportionality test before adoption of new regulation of professions
Amendments (36)
Amendment 8 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) The proportionality test should not apply to rules laid down in collective agreements negotiated by social partners, which should not be considered as legislative, regulatory or administrative provisions within the meaning of this Directive.
Amendment 11 #
Proposal for a directive
Recital 7
Recital 7
(7) The activities covered by this Directive should concern the regulated professions falling within the scope of Directive 2005/36/EC. This Directive should apply in addition to Directive 2005/36/EC an. In line with the purposes of this Directive, the term "regulated profession" should refer to all existing regulated professions as defined in Directive 2005/36/EC and professions that Member States will regulate in the future so that they will fall under the definition of "regulated professions" of Directive 2005/36/EC. This Directive should be applied without prejudice to other provisions laid down in a separate Union act concerning access to, and the exercise of a given regulated profession.
Amendment 16 #
Proposal for a directive
Recital 7
Recital 7
(7) The activities covered by this Directive should concern the regulated professions falling within the scope of Directive 2005/36/EC. This Directive should apply in addition to Directive 2005/36/EC and. In line with the purposes of this Directive, the term "regulated profession" should refer to all existing regulated professions as defined in Directive 2005/36/EC and professions that Member States will regulate in the future so that they will fall under the definition of "regulated professions" of Directive 2005/36/EC. This Directive should be without prejudice to other provisions laid down in a separate Union act concerning access to, and the exercise of a given regulated profession.
Amendment 22 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) Regulation of professions plays a key role in protecting public interest objectives and should, inter alia, contribute to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health and to environmental and consumer protection;effective professional regulation is furthermore of paramount importance in order to ensure high quality products and services.
Amendment 22 #
Proposal for a directive
Recital 9
Recital 9
(9) The burden of proof of justification and proportionality lies on the Member States. The reasons for regulation invoked by a Member State by way of justification should thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that State and by specific evidence substantiating its arguments. This should not prevent Member States from taking immediate measures in the field of health care which they consider necessary to protect public health.
Amendment 24 #
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8 b) It is for the Members States to determine the level of protection which they wish to afford to the public interest objectives and the proportionate way in which that level is to be achieved.The fact that one Member State imposes less strict rules than another Member State does not mean that the latter Member State's rules are disproportionate and therefore incompatible with the EU law.
Amendment 25 #
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8 c) Member States should undertake an assessment of non-discrimination, justification and proportionality in accordance with the rules laid down in this Directive before introducing new, or amending existing legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, taking into account the reasonable margin of appreciation allowed to Member States.The extent and degree of intensity of the assessment shall be proportionate to the nature, the content and the impact of the provisions being introduced.Provisions which would not restrict access to or pursuit of regulated professions, such as editorial amendments, or adaptations of content of training courses or modernisation of training regulations, should not fall within the scope of this Directive.
Amendment 52 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20 a) According to Article 168(1) TFEU) a high level of human health protection shall be ensured in the definition and implementation of all Union policies and activities.This also implies that a high level of human health protection is to be ensured when the Union adopts acts under other Treaty provisions.
Amendment 53 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20 a) The proportionality criteria as set out in this Directive may be applied to the appropriate extent and degree of intensity during an assessment of proportionality undertaken before introducing new provisions, or amending existing ones.The extent and degree of intensity applied during the assessment should be proportionate to the content of the provision being introduced and to its impact.
Amendment 54 #
Proposal for a directive
Recital 20 b (new)
Recital 20 b (new)
(20 b) This Directive should respect Member States' competence to regulate professions in the field of health care based on Article 168(7) TFEU as well as Member States' intention to provide and guarantee a high level of health care and patient safety.For this purpose, Member States should be able to decide on the degree of importance of economic considerations in relation to the other relevant proportionality criteria.
Amendment 60 #
Proposal for a directive
Recital 24
Recital 24
(24) Since the objectives of this Directive, namely the removal of disproportionate restrictions on access to or pursuit of regulated professions cannot be sufficiently achieved by the Member States but can rather, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of non-discrimination, and with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary, in order to achieve those objectives,
Amendment 68 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to requirements under the legal systemthe legislative, regulatory or administrative provisions of the Member States restricting access to a regulated profession or its pursuit, or one of its modes of pursuit, including the use of professional titles and the professional activities allowed under such title, falling within the scope of Directive 2005/36/EC.
Amendment 73 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
For the purpose of this Directive, the definitions of Directive 2005/36/EC shall apply with the understanding that the term "regulated profession" shall refer to both existing regulated professions and professions that Member States will regulate in the future.
Amendment 76 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, the relevant competent authorities undertake an assessment of their proportionality in accordance with the rules laid down in this Directive, taking full account of the specific nature of each profession.
Amendment 78 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, the relevant competent authorities undertake an assessment of their proportionality, taking into account the precautionary principle, in accordance with the rules laid down in this Directive.
Amendment 84 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall monitor the proportionality of legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions on a regular basis and with a frequency appropriate to the regulation concerned, having due regard to any developments that have occurred since the measure concerned was adopted.
Amendment 95 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
It is for the Member States to determine the level of protection which they wish to afford to the public interest objectives and the proportionate way in which that level is to be achieved.The fact that one Member State imposes less strict rules than another Member States does not mean that the latter Member State's rules are disproportionate and therefore incompatible with EU Law.
Amendment 100 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. Member States shall undertake an assessment of non-discrimination, justification and proportionality in accordance with the rules laid down in this Directive before introducing new, or amending existing legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, taking into account the reasonable margin of appreciation allowed to Member States.The extent and degree of intensity of the assessment shall be proportionate to the nature, the content and the impact of the provision being introduced.Provisions which would not restrict access or pursuit of regulated professions, such as editorial amendments, or adaptations of content of training courses or modernisation of training regulations, shall not fall within the scope of this Directive.
Amendment 101 #
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, tousers, patients, professionals or third parties;
Amendment 116 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, the relevant competent authorities undertake an assessment of their proportionality, taking into account the necessity to guarantee a high level of protection of fundamental rights guaranteed by Article 6 of Treaty on European Union and the Charter of Fundamental Rights of the European Union, in accordance with the rules laid down in this Directive.
Amendment 116 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall, by appropriate means, inform citizens, service recipients, social partners, representative associations and all relevant stakeholders other than the members of the profession before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, and give them the opportunity to make known their views.
Amendment 120 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of the efficient application of this Directive, beforewhen introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, Member Statesthe Commission shall encourage the exchange of information with competent authorities of otherbetween Member States on matters covered by this Directive, such as the particular way they regulate a profession or the effects of regulation identified in similar sectors of activities, on a regular basis, or, where appropriate, on an ad hoc basis.
Amendment 149 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The relevant competent authoritiMember States shall consider in particular whether those provisions are objectively justified on the basis of public policy, public security or public health, or by overriding reasons in the public interest, such as preserving the financial equilibrium of the social security system, the protection of consumusers, recipients of services and workerensuring healthy and safety and decent working conditions, the safeguarding of the proper administration of justice, fairness of trade transactions, combating fraud and prevention of tax evasion and avoidance, road safetyand effectiveness of fiscal supervision, transport safety, guaranteeing the quality of products and services, promotion of research and development, ensuring high standards of education and training, the protection of the environment and the urban environment, the health of animals, intellectual property, the safeguarding and conservation of the national historic and artistic heritage, social policy objectives, including the encouragement of employment and recruitment and sustainability of employment, and cultural policy objectives.
Amendment 175 #
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, to professionals or third partiesservices recipients, users, including patients, to professionals or third parties, considering that, where there is uncertainty as to existence or extent of risk, a Member State shall be able to take protective measures without having to wait until the reality of those risks becomes fully apparent;
Amendment 213 #
Proposal for a directive
Article 6 – paragraph 2 – point h
Article 6 – paragraph 2 – point h
(h) the scientific and technological developments which may effectively reduce the asymmetry of information between professionals and consumers;
Amendment 216 #
Proposal for a directive
Article 6 – paragraph 2 – point i
Article 6 – paragraph 2 – point i
Amendment 220 #
Proposal for a directive
Article 6 – paragraph 2 – point i
Article 6 – paragraph 2 – point i
(i) the economic impact of the measure, with particular regard to the degree of competition in the market and on the quality of the service provided, as well as the impactnd on the free movement of persons and services within the Union, and on the freedom to choose an occupation;
Amendment 224 #
Proposal for a directive
Article 6 – paragraph 2 – point j
Article 6 – paragraph 2 – point j
(j) the possibility to use less restrictive means to achieve the same or higher level protection of the public interest objective;
Amendment 228 #
Proposal for a directive
Article 6 – paragraph 2 – point k
Article 6 – paragraph 2 – point k
Amendment 242 #
Proposal for a directive
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. For the purposes of paragraph 2(k), the relevant competent authoritiMember States shall assess in particular the cumulative effect ofeffect of the new or amending regulation considering that Member States can increase the level of protection of public interest objectives imposing any of the following requirements:
Amendment 276 #
Proposal for a directive
Article 6 – paragraph 4 – point i
Article 6 – paragraph 4 – point i
(i) requirements concerning insurance cover or other means of personal or collective protection with regard to professional liability;
Amendment 290 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall, by appropriate means, inform citizens, service recipients, representative associations and relevant stakeholders other than the members of the profession before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, and give them the opportunity to make known their viewefore introducing new, or amending existing legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, by appropriate means, inform citizens, users, social partners, representative associations and all relevant stakeholders other than the members of the profession, and give them the opportunity to make known their views through a public and transparent consultation. To this purpose, Member States may use national procedures.
Amendment 296 #
Proposal for a directive
Article 8 – title
Article 8 – title
Exchange of information between competent authoritiMember States
Amendment 300 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of the efficient application of this Directive, before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, Member Statesthe Commission shall encourage the exchange of information with competent authorities of otherbetween Member States on matters covered by this Directive, such as the particular way they regulate a profession or the effects of regulation identified in similar sectors of activities, on a regular basis, or, where appropriate, on an ad hoc basis.
Amendment 302 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Member States shall inform the Commission of the competentpublic authorities responsible for transmitting and receiving information for the purposes of applying paragraph 1.
Amendment 308 #
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. Member States shall not submit new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones assessed in accordance with this Directive , to any other ex ante procedure to assess their compatibility with EU legislation prior to its adoption.